CC NI ACT - Complaint Case 138 NI Act

B D GUPTA AND SONS PVT LTDVsM/S THE SAINIK

CNR DLCT020285662023508-JUDICIAL MAGISTRATE FIRST CLASS (NI ACT) - 01

Tis Hazari, CMM Court

delhi · Delhi (DL)

PENDING

TrustJury record updated 14 Oct 2026

Case Overview

Registration Number: 6/2024
Registration Date: 02 Jan 2024
Next Hearing Date: 08 Dec 2026
Case Stage: Misc./ Appearance

Advocates

For Petitioner

RISHI KANT MISHRA

For Respondent

Not available

Parties

Petitioner

1B D GUPTA AND SONS PVT LTD

Respondent

1M/S THE SAINIK

Acts & Sections

NEGOTIABLE INSTRUMENTS ACT · Sec 138

Case History / Proceedings

Case History

Date: 02-01-2024
Business: fp
Next Purpose: Misc./ Appearance
Next Hearing Date: 15-04-2024

Date: 15-04-2024
Business: fp
Next Purpose: Misc./ Appearance
Next Hearing Date: 09-07-2024

Date: 09-07-2024
Business: fp
Next Purpose: Misc./ Appearance
Next Hearing Date: 11-11-2024

Date: 11-11-2024
Business: fp
Next Purpose: Misc./ Appearance
Next Hearing Date: 07-03-2025

Date: 07-03-2025
Business: fp
Next Purpose: Misc./ Appearance
Next Hearing Date: 13-06-2025

Date: 13-06-2025
Business: fp
Next Purpose: Misc./ Appearance
Next Hearing Date: 18-11-2025

Date: 18-11-2025
Business: fp
Next Purpose: Misc./ Appearance
Next Hearing Date: 12-05-2026

Date: 12-05-2026
Business: fp
Reason For Adjournment: Clarifications needed
Next Purpose: Misc./ Appearance
Next Hearing Date: 08-12-2026

Additional Case Details

Filing Number: 28560/2023
Filing Date: 26-10-2023
eFiling Number: ECDLCT02110282023
eFiling Date: 21-10-2023
First Hearing Date: 02nd January 2024
Court Number And Judge: 508-JUDICIAL MAGISTRATE FIRST CLASS (NI ACT) - 01

Orders

Interim Order 8

12 May 2026

Order Details: COPY OF ORDER
Pdf Text: 4 CC NI ACT 6/2024
B D GUPTA AND SONS PVT LTD Vs. M/S THE SAINIK
12.05.2026
Present: Sh. Yogesh Latha, Ld. Counsel for complainant (through VC).
None for accused proprietor.
Today Ld. Counsel for complainant has filed fresh addresses of
accused side along with GST details of accused proprietor. Taken on record.
Accordingly, let bailable warrants in the sum of Rs. 10,000/-, be issued
against the accused proprietor on the fresh addresses furnished today, with one
surety of like amount, through the SHO concerned, on filing of PF within two
months, returnable on NDOH.
Complainant is directed to supply the soft copy of complaint and
documents to the accused well in time.
Put up for appearance of accused/ framing of notice/ furnishing of
surety/ further proceedings on 08.12.2026.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/12.05.2026
-- 1 of 1 --

Interim Order 7

18 Nov 2025

Order Details: COPY OF ORDER
Pdf Text: 3 CC NI ACT 6/2024
B D GUPTA AND SONS PVT LTD Vs. M/S THE SAINIK
18.11.2025
Today undersigned is working as full day link of Ld. JMFC, NI Act-07 .
Present: Sh. Yogesh, Ld. Counsel for complainant.
None for accused.
BWs issued against the accused received back unexecuted with the
report that shop of the accused has been closed and there is no information about his
whereabouts. Photographs of the same have been annexed.
Previously summons were received back with the report ‘refused’.
Complainant is directed to furnish fresh address of accused or file an
affidavit verifying the address of accused till the next date of hearing.
The complainant is also directed to file the GST details of accused
proprietor.
Put up for furnishing of same on 12.05.2026.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/18.11.2025
-- 1 of 1 --

Interim Order 6

13 Jun 2025

Order Details: COPY OF ORDER
Pdf Text: 4 CC NI ACT 6/2024
B D GUPTA AND SONS PVT LTD Vs. M/S THE SAINIK
13.06.2025
The undersigned has been transferred to this court vide order No.
16/DHC/Gaz.IIB/G7/VI.E.2(a)2025, dated 30.05.2025.
This court is functioning without Ahlmad since 30.04.2025.
Reader of this court is on leave till 13.06.2025.
Present: None for the complainant.
None for accused.
Summons issued against the accused received back with report,
“refused”.
It appears that accused is deliberately avoiding the appearance
before this court despite having knowledge of present case.
Let bailable warrants in the sum of Rs. 10,000/, be issued against
the accused, with one surety of like amount, through the SHO concerned, on
filing of PF within 30 days, returnable on NDOH.
Be put up for appearance of parties/ further proceedings on
18.11.2025.
(URVI GUPTA)
J.M.F.C.01(N.I.Act)/Central,
THC/Delhi/13.06.2025
-- 1 of 1 --

Interim Order 5

07 Mar 2025

Order Details: COPY OF ORDER
Pdf Text: 4 CC NI ACT 6/2024
B D GUPTA AND SONS PVT LTD Vs. M/S THE SAINIK
07.03.2025
Present: Sh. Nishant Singh, Ld. Counsel for the complainant.
None for accused.
Summons could not be issued due to non filing of PF.
Last and final opportunity is granted to the complainant to take
steps for issuance of summons against the accused/ filing PF.
In the meantime, let fresh summons be issued against the accused,
in terms of previous order, on filing of PF, through all modes, returnable for
NDOH.
Be put up for further proceedings on 13.06.2025.
(ARADHANA)
J.M.F.C.01(N.I.Act)/Central,
THC/Delhi/07.03.2025
-- 1 of 1 --

Interim Order 4Full order available

11 Nov 2024

Order Details: COPY OF ORDER Pdf Text: 77 Ct. Cases 13311/2019 ASHOKA ENTERPRISES (INDIA) Vs. VIJ ELECTRICALS 11.11.2024 Present: Ld. Counsel for the complainant. Accused with Ld. Counsel. It is submitted by parties that matter could not be settled in mediation cell. Heard on notice. On a perusal of the complaint and supporting documents, this court is of the opinion that there are sufficient grounds to frame notice against the accused and proceed to trial. Since Cr. P.C. does not…

Read Full Order

Interim Order 3

09 Jul 2024

Order Details: COPY OF ORDER
Pdf Text: 3 CC NI ACT 6/2024
B D GUPTA AND SONS PVT LTD Vs. M/S THE SAINIK
09.07.2024
Present: Complainant in person with Ld. Counsel.
Affidavit of AR/ complainant is taken on record vide his/ her
separate statement.
After having examined the complainant side and going through the
record, I am satisfied that a case under section 138 Negotiable Instrument Act
has been made out against the accused person(s). Let the accused person(s) i.e.
accused proprietor, be summoned via all modes including Speed Post/ Approved
Courier/Nazarat Branch on taking of necessary steps.
The Ahlmad shall also obtain Internet Generated Tracking Slip
within 15 days after dispatch of summons by post.
List the matter now on 11.11.2024 for appearance of the accused
person(s), furnishing of bail bonds and arguments on notice.
(NITISH KUMAR SHARMA)
J.M.F.C.01(N.I.Act)/Central,
THC/Delhi/09.07.2024
-- 1 of 1 --

Interim Order 2

15 Apr 2024

Order Details: COPY OF ORDER
Pdf Text: 9 CC NI ACT 6/2024
B D GUPTA AND SONS PVT LTD Vs. M/S THE SAINIK
15.04.2024
Present: Ld. Counsel for the complainant, through VC..
Matter is at the stage of PSE.
Adjournment is requested on behalf of the complainant on ground
that the complainant is not available today. Hence, matter is adjourned.
Be put up for appearance of the AR of complainant/ PSE on
09.07.2024.
(NITISH KUMAR SHARMA)
M.M.01(N.I.Act)/Central,
THC/Delhi/15.04.2024
-- 1 of 1 --

Interim Order 1

02 Jan 2024

Order Details: COPY OF ORDER
Pdf Text: CC NI ACT 06/2024
B.D. Gupta And Sons Pvt. Ltd. Vs. M/s The Sainik
02.01.2024
Fresh case is received by way of assignment. Be checked and registered.
Present: Ld. Counsel for the complainant.
Submissions heard.
Adjournment is requested on behalf of the complainant on ground
that the complainant is not available today. Hence, matter is adjourned.
Be put up for appearance of the complainant/ PSE on 15.04.2024.
(NITISH KUMAR SHARMA)
M.M.01(N.I.Act)/Central,
THC/Delhi/02.01.2024
-- 1 of 1 --

Order 8

12 May 2026

Order Details: COPY OF ORDER
Pdf Text: 4 CC NI ACT 6/2024
B D GUPTA AND SONS PVT LTD Vs. M/S THE SAINIK
12.05.2026
Present: Sh. Yogesh Latha, Ld. Counsel for complainant (through VC).
None for accused proprietor.
Today Ld. Counsel for complainant has filed fresh addresses of
accused side along with GST details of accused proprietor. Taken on record.
Accordingly, let bailable warrants in the sum of Rs. 10,000/-, be issued
against the accused proprietor on the fresh addresses furnished today, with one
surety of like amount, through the SHO concerned, on filing of PF within two
months, returnable on NDOH.
Complainant is directed to supply the soft copy of complaint and
documents to the accused well in time.
Put up for appearance of accused/ framing of notice/ furnishing of
surety/ further proceedings on 08.12.2026.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/12.05.2026
-- 1 of 1 --

Order 7

18 Nov 2025

Order Details: COPY OF ORDER
Pdf Text: 3 CC NI ACT 6/2024
B D GUPTA AND SONS PVT LTD Vs. M/S THE SAINIK
18.11.2025
Today undersigned is working as full day link of Ld. JMFC, NI Act-07 .
Present: Sh. Yogesh, Ld. Counsel for complainant.
None for accused.
BWs issued against the accused received back unexecuted with the
report that shop of the accused has been closed and there is no information about his
whereabouts. Photographs of the same have been annexed.
Previously summons were received back with the report ‘refused’.
Complainant is directed to furnish fresh address of accused or file an
affidavit verifying the address of accused till the next date of hearing.
The complainant is also directed to file the GST details of accused
proprietor.
Put up for furnishing of same on 12.05.2026.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/18.11.2025
-- 1 of 1 --

Order 6

13 Jun 2025

Order Details: COPY OF ORDER
Pdf Text: 4 CC NI ACT 6/2024
B D GUPTA AND SONS PVT LTD Vs. M/S THE SAINIK
13.06.2025
The undersigned has been transferred to this court vide order No.
16/DHC/Gaz.IIB/G7/VI.E.2(a)2025, dated 30.05.2025.
This court is functioning without Ahlmad since 30.04.2025.
Reader of this court is on leave till 13.06.2025.
Present: None for the complainant.
None for accused.
Summons issued against the accused received back with report,
“refused”.
It appears that accused is deliberately avoiding the appearance
before this court despite having knowledge of present case.
Let bailable warrants in the sum of Rs. 10,000/, be issued against
the accused, with one surety of like amount, through the SHO concerned, on
filing of PF within 30 days, returnable on NDOH.
Be put up for appearance of parties/ further proceedings on
18.11.2025.
(URVI GUPTA)
J.M.F.C.01(N.I.Act)/Central,
THC/Delhi/13.06.2025
-- 1 of 1 --

Order 5

07 Mar 2025

Order Details: COPY OF ORDER
Pdf Text: 4 CC NI ACT 6/2024
B D GUPTA AND SONS PVT LTD Vs. M/S THE SAINIK
07.03.2025
Present: Sh. Nishant Singh, Ld. Counsel for the complainant.
None for accused.
Summons could not be issued due to non filing of PF.
Last and final opportunity is granted to the complainant to take
steps for issuance of summons against the accused/ filing PF.
In the meantime, let fresh summons be issued against the accused,
in terms of previous order, on filing of PF, through all modes, returnable for
NDOH.
Be put up for further proceedings on 13.06.2025.
(ARADHANA)
J.M.F.C.01(N.I.Act)/Central,
THC/Delhi/07.03.2025
-- 1 of 1 --

Order 4Full order available

11 Nov 2024

Read Full Order

Order 3

09 Jul 2024

Order Details: COPY OF ORDER
Pdf Text: 3 CC NI ACT 6/2024
B D GUPTA AND SONS PVT LTD Vs. M/S THE SAINIK
09.07.2024
Present: Complainant in person with Ld. Counsel.
Affidavit of AR/ complainant is taken on record vide his/ her
separate statement.
After having examined the complainant side and going through the
record, I am satisfied that a case under section 138 Negotiable Instrument Act
has been made out against the accused person(s). Let the accused person(s) i.e.
accused proprietor, be summoned via all modes including Speed Post/ Approved
Courier/Nazarat Branch on taking of necessary steps.
The Ahlmad shall also obtain Internet Generated Tracking Slip
within 15 days after dispatch of summons by post.
List the matter now on 11.11.2024 for appearance of the accused
person(s), furnishing of bail bonds and arguments on notice.
(NITISH KUMAR SHARMA)
J.M.F.C.01(N.I.Act)/Central,
THC/Delhi/09.07.2024
-- 1 of 1 --

Order 2

15 Apr 2024

Order Details: COPY OF ORDER
Pdf Text: 9 CC NI ACT 6/2024
B D GUPTA AND SONS PVT LTD Vs. M/S THE SAINIK
15.04.2024
Present: Ld. Counsel for the complainant, through VC..
Matter is at the stage of PSE.
Adjournment is requested on behalf of the complainant on ground
that the complainant is not available today. Hence, matter is adjourned.
Be put up for appearance of the AR of complainant/ PSE on
09.07.2024.
(NITISH KUMAR SHARMA)
M.M.01(N.I.Act)/Central,
THC/Delhi/15.04.2024
-- 1 of 1 --

Order 1

02 Jan 2024

Order Details: COPY OF ORDER
Pdf Text: CC NI ACT 06/2024
B.D. Gupta And Sons Pvt. Ltd. Vs. M/s The Sainik
02.01.2024
Fresh case is received by way of assignment. Be checked and registered.
Present: Ld. Counsel for the complainant.
Submissions heard.
Adjournment is requested on behalf of the complainant on ground
that the complainant is not available today. Hence, matter is adjourned.
Be put up for appearance of the complainant/ PSE on 15.04.2024.
(NITISH KUMAR SHARMA)
M.M.01(N.I.Act)/Central,
THC/Delhi/02.01.2024
-- 1 of 1 --

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